Metropolitan Board of Zoning Appeals Division 1 Meeting - January 3, 2019
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Metropolitan Board of Zoning Appeals Division 1 Meeting - January 3, 2019
The Metropolitan Board of Zoning Appeals Division 1 met on January 3, 2019 at 6:15 PM to hear requests for variances of use and development standards. The board addressed multiple continuances, an expedited case, and four regular petitions, with votes on each.
Continuances
- Several petitions were continued to the February 5, 2019 hearing, including: 2018-UV1-039 (to allow rezoning filing), 2018-UV1-045 (to meet with staff and neighbors), 2018-DV1-057 (petitioner unavailable), 2018-DV1-055 (more time to work with staff), 2018-UV1-044 (second continuance for parking agreement), 2018-DV1-047 (fence relocation and land use committee), 2018-DV1-054, 2018-DV1-056, and 2018-DV1-058. Staff had no objections, though for 2018-UV1-044 staff noted this was the second continuance and may object to future requests.
- Petition 2018-UV1-041 was withdrawn and acknowledged.
Expedited Case
- 2018-UV1-047 (9546 Allisonville Road): Request by LOR Corporation for a variance to allow indoor recreation and entertainment (escape game room and axe throwing) in a C3 zone. Staff had approved with commitments. The board voted unanimously (4-0) to approve the variance, subject to a plan of operation dated December 21, 2018.
Discussion Items
- 2018-DV1-045 (724 & 728 E 21st Street): Petitioner Luke Burrow requested variances for two single-family dwellings with reduced setbacks and open space. Staff recommended approval of most variances but denial of reduced open space at 724 (from 55% to 46%). The board split the vote: Part A (setbacks and open space for 728) approved 4-0; Part B (open space reduction at 724) approved 3-1 (Taft, Hanscom, Von Dalen in favor; Reuter opposed). The variances were approved.
- 2018-UV1-043 (5326/5328 W 79th Street): Petitioner Wabash Brewing requested a variance to add artisan food and beverage, restaurant with alcohol sales, and outdoor seating in an I-1 industrial zone. Staff recommended denial, citing the introduction of commercial uses in an industrial area, parking concerns, and the lack of practical difficulty. The board denied the petition by a vote of 1-3 (Hanscom in favor; Taft, Von Dalen, Reuter opposed).
- 2018-UV1-044 (11832 E McGregor Road): Petitioner Christy Keo requested a variance for an existing second dwelling unit (mother-in-law quarters) built in 2002, and for a lot without frontage. Staff recommended denial due to the number of dwellings on a single access drive and the size of the unit. The board voted 4-0 to approve the variance, allowing the dwelling to remain and facilitating refinancing.
- 2018-UV1-046 (1510 Southeast Street): Petitioner Marcus Crouch requested variances to legally establish an existing single-family dwelling and to split the lot for construction of a second dwelling. Staff recommended approval for the existing structure but denial for the lot split. The board split the vote: Part A (existing dwelling) approved 4-0; Part B (lot split) approved 4-0. Both variances were granted.
Key Outcomes
- Approved: 2018-UV1-047 (indoor recreation), 2018-DV1-045 (two dwellings with open space reduction), 2018-UV1-044 (mother-in-law quarters), 2018-UV1-046 (lot split).
- Denied: 2018-UV1-043 (restaurant/brewery expansion in industrial zone).
- Continued: All continuances to February 5, 2019.
- Withdrawn: 2018-UV1-041.
- The board also adopted findings of fact for a previously denied case (2018-DV1-051).
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Joanna Taft, Chairperson of Division 1. Other board members present. To my right is Peter Hanscom, and to my left, um Alicia Alicia Roder and this is not and Craig Von Dalen. Legal counsel for the board today is Chris Steinmetz. Recording these proceedings today is Ron Hampton. Staff members present today from the Division of Planning are Heather Steffen, Senior Board Specialist and Secretary to the Board. Linda Albrand, Principal Planner 2, Robert Ulenhake, Senior Planner, Paige Story, Senior Planner. Keith Holdsworth is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrator's comments regarding the petition. The petitioner would then be allowed five minutes for a rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has questions about our procedures? If not, we will consider special requests and continuances at this time. Thank you, Board. My name is Paul Carroll with offices at 1 Indiana Square, Suite 1500, Indianapolis, Indiana, 46204. Represent the petitioner on 2018-UV1-039. We'd like to continue this to next month's hearing. We met with the local land use committee and they'd asked that we not amend this to a rezoning but file a rezoning in lieu of this petition. So what we'd like to do is continue this. Allow us to refile the zoning petition, uh, the rezoning petition, and then withdraw this likely next month. Okay. Is there anyone in the room who has an interest in 2018 UV 1039? Seeing none, let's hear from staff.
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